A Virginia man who claimed he was injured after slipping in a Bristol Motor Speedway bathroom during a 2016 race has voluntarily withdrawn a $2 million federal lawsuit filed against the track and its owner, Speedway Motorsports.
Judge Clifton Corker with the U.S. District Court in Greeneville, Tennessee, issued an order last week dismissing the case with prejudice, which means it can’t be refiled.
Patrick Fischer, of Midlothian, Virginia, claimed in the suit that he slipped in a “clear liquid” while entering a restroom at the August 2016 Bass Pro Shops NRA Night Race and sustained a number of injuries.
The lawsuit claimed that BMS and Speedway Motorsports failed to clean up the spill or warn customers about the wet floor. Fischer claimed that he suffered injuries as a result of negligence, which BMS denied.
Fischer first filed his lawsuit in August 2017 and then moved to voluntarily dismiss the case in February 2019. However, he revived the complaint in February of this year.
The suit sought up to $2 million in compensatory damages and demanded a jury trial.
In a motion for summary judgment filed with the court in May, BMS argued that Fischer could not show cause for his injuries and could not show that the track created the condition or knew about it.
A motion for summary judgment asks the court to issue a judgment without the case proceeding to a full trial.
Fischer did not file a written response to this motion and earlier this month submitted a separate motion for voluntary dismissal, according to the court docket. The judge approved the dismissal on June 25.
Mac Meade, a Johnson City-based lawyer who represents Fischer, declined comment on the case’s dismissal on Monday.
Meade wrote in an email that he is “not at liberty to comment on the terms surrounding the dismissal of this case pursuant to an agreement with the Defendant.”
Attorney Suzanne Cook, also based out of Johnson City, represents BMS and said Fischer did not receive a settlement for any of the claims raised in the suit.
“We filed a Motion for Summary Judgment, which is public record in the court file. Mr. Meade and his client did not contest it (e.g. they did not respond to it in writing and did not have any oral argument before the court) and instead chose to dismiss the case permanently,” Cook wrote in an email. “Our client did not pay any sums for the claims of liability nor personal injury made by Mr. Fischer.”